FISA

Ken Lund / Ben Balter (background)

First passed in 1978, the Foreign Intelligence Surveillance Act (FISA) still guides the physical and electronic surveillance of foreign powers and agents. Congress has repeatedly amended the law, however, seeking to calibrate the government’s surveillance to accord with the level of threat and seeking to keep authorities current as technology develops at breakneck speed. Nevertheless, even authorized activities affirmatively permitted by statute have come under fire as a torrent of leaks have revealed government surveillance programs under the statute.

Subtopics

Thought we were done with surveillance-law debates, at least for a few years? Not by a long shot. A sunset is looming for three FISA provisions. What’s at stake? Here’s a guide to prep you for the eventual legislative battle.

The Department of Justice submitted an unusual court filing in litigation over the release of the Carter Page FISA, arguing that the president's statements on Twitter concerning the Page FISA should not be assumed to be accurate or based on the president's personal knowledge of the underlying issue. The document, which was filed on Nov. 30 and first flagged by USA Today reporter Brad Heath, is available here and below.

Contrary to what allies of the president have suggested, the absence of a hearing regarding the Carter Page FISA application is not cause for alarm or a conclusion that the court glossed over a FISA application.

The Justice Department filed a brief with the Foreign Intelligence Surveillance Court on behalf of the United States arguing that the court lacks the jurisdiction to hear cases from private parties requesting the release of records. The full document is available below:

A summary of the trove of documents related to FISA targeting and minimization procedures released by the Office of the Director of National Intelligence, including a lengthy April 26, 2017 Foreign Intelligence Surveillance Court (FISC) memorandum order and opinion approving the new and amended targeting and minimization procedures.

The Office of the Director of National Intelligence has released several sets of documents relating to FISA Section 702. The documents are too numerous to embed in this post, but are linked below by category.